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Reg. Trade Fraud by a chinese company
Post 1 of 2

I am a trustpass member since two years.

I got into a trade agrrement with a chinese company which was listed as Gold member at Alibaba.

Company details:

Dongyang Weishan Huanqiu Metallic Yarn Factory/ zjhuanqiu metallic yarn factory

Contact Person: Ms. Minxiao Wu

 

Website or URL:http://www.zjhuanqiu.en.alibaba.com 

 

TradeManager ID (Member ID): cnzjhuanqiu

 

Email: zjhuanqiu@yahoo.cn

 

Postal Address: Baitan 2nd Village, WeishanTown, Dongyang, Zhejiang, Zip: 322109

 

Tel: 0086 57986985148

 

Fax: 0086 57986985091

 

Mobile: 15858921833

 

 

My company placed an order of Metallic yarn with this company, on behalf of some buyers in . The order was to be directly executed in the favour of the buyers and we were to receive the commission in the said deal from the supplier.  All the payment terms, terms of delivery, prices etc. were negotiated and signed through a contract. The supplier had an export agent involved at their end to facilitate them in execution of this order. The copy of the contract is attached for your reference.

 

 

The order details are as follows:

 

Quantity: 2 containers with net load of 10368 kg per container.

 

The Negotiated price for the containers were USD 36206.40 and USD 36806.40

 

Both the containers were for two different buyers, for which my company was an agent.

 

The negotiated payment terms were 30% deposit and balance was against D/P through the bank.

 

The Containers were to be shipped one at a time.

 

 

My buyers had paid them the initial deposit of USD 21450 to start the order.

 

 

But after the receipt of the deposit money, the supplier refused to accept the payment terms as D/P, and demanded prepayment of the balance money before dispatch of the goods, which was not acceptable to us. We decided to talk and try to negotiate with the supplier which wasted lot of time, and finally it was agreed that we will open an L/C at sight for the balance money per container. Where the supplier will ship one container and then receive the second containers L/C.

 

 

We gave an additional USD 7000 and opened the L/C for USD 14515.20 from our buyers Bank “HDFC Bank Ltd” which is a very renowned bank in , but then the supplier refused to accept the L/C stating that they don’t trust the bank.

 

So I again amended the L/C and got a confirmation added to the L/C through their bank (China Bank of Construction), which again they refused to accept and the shipment was delayed again and again.

 

The supplier seemed to be ignorant about the L/C and its execution, so I personally had to call the Manager at China Construction bank, and then he helped me to convince the supplier that the L/C is good and there is no harm in accepting the L/C. This matter was sorted till Sept 25, till which the last date of the shipment was expired and so I again made the amendment to the L/C to increase the date of shipment till 10 Oct. 2008. But since there were holidays in , the supplier agreed to ship after the holidays.

 

But later the supplier refused to ship one container at a time and wants us to ship both the container at one time only and is demanding more money from us.

 

And now the supplier is black mailing us that if we don’t pay the total money for both the containers, they will cancel the order without return of the deposit money which is USD 28500.

 

We have been in regular contact with the supplier, but they are not ready to listen and only want more money before dispatch.

 

We think the supplier is trying to cheat us since they have not followed the agreement from the beginning and all our efforts are in waste to convince him to ship the goods.

 

 

We have requested them to ship at least one container for which they have received the whole money and the L/C, which has already been Okayed by their bank, but they are refusing and insisting to pay more money and then they will ship both the containers together. But now we are afraid seeing their performance so far, and sense that they are only trying to cheat us of our money.

Can anyone suggest if any Chinese Govt. organization can help us in this matter, since we are taking heavy losses due to this deal.

Also is there no credibility of the company which the ALIbaba approves and certifies as GOLD Member, since the present company had very little knowledge of International business practices.

Please help.

Thanks and Regards

Tarun Dalmia

email: tarun@tdoverseas.com

 

 

 

Award 10 MVPs ( What's this? )for the best answer.
12 Oct 2008 11:51
Post 2 of 2
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Quoting from [Tarun]:

....Can anyone suggest if any Chinese Govt. organization can help us in this matter, since we are taking heavy losses due to this deal.

Also is there no credibility of the company which the ALIbaba approves and certifies as GOLD Member, since the present company had very little knowledge of International business practices.

Please help.

Thanks and Regards

Tarun Dalmia

email: tarun@tdoverseas.com



I had to chop your post because of the character limit. Sorry about that.


I don't think you have a trade fraud, unless I've missed something. You do have a trade dispute, certainly.


The Chinese government has various methods for complaining about these things, but doesn't actually seem to do anything.


The PSB (Police) also have reporting facilities, but are you certain there is a crime? Even if the answer is yes, good luck getting those good people to do anything except run up your telephone bill.


It sounds as though you need a lawyer in China, unfortunately.


This person is good:

Yongfang Gong

law-rule@hotmail.com


You may want to try him. I'll pass your email address to him as well.


Good luck!


I have no financial or other interest whatsoever in Gong's practice. He is a good lawyer who has helped me. Just so we're all clear about that...
14 Oct 2008 05:15
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